B-66700, JANUARY 6, 1948, 27 COMP. GEN. 363

B-66700, JANUARY 6, 1948, 27 COMP. GEN. 363

TRANSPORTATION - HOUSEHOLD EFFECTS AND DEPENDENTS - OLD AND NEW STATIONS IN SAME GENERAL METROPOLITAN AREA UNDER THE PROVISIONS OF THE UNIFORM TRAVEL AND TRANSPORTATION REGULATIONS ( EXECUTIVE ORDER NO. 9805), THE EXPENSES OF TRANSPORTING AN EMPLOYEE'S DEPENDENTS AND HOUSEHOLD EFFECTS UPON AN AUTHORIZED TRANSFER OF OFFICIAL STATION FROM ONE SEPARATE CORPORATE MUNICIPALITY TO ANOTHER MAY BE PAID, NOTWITHSTANDING THE FACT THAT BOTH THE OLD AND NEW STATIONS ARE LOCATED WITHIN THE SAME GENERAL METROPOLITAN AREA. 26 COMP. GEN. 952, DISTINGUISHED.

COMPTROLLER GENERAL WARREN TO W. H. BARRETT, DEPARTMENT OF COMMERCE, JANUARY 6, 1948:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 8, 1947, RELATIVE TO THE PROTEST OF MR. HAROLD W. GWYTHER AGAINST THE DISALLOWANCE OF HIS REIMBURSEMENT VOUCHER IN THE AMOUNT OF $87.13, PURSUANT TO DECISION OF THIS OFFICE OF JUNE 26, 1947 (26 COMP. GEN. 952), TO YOU. AS A DECISION BY THIS OFFICE TO A CERTIFYING OFFICER MAY NOT BE RECONSIDERED AT THE REQUEST OF OTHER THAN THE PERSON TO WHOM RENDERED THE PROTEST AND VOUCHER WILL BE RETAINED IN THIS OFFICE AND TREATED AS A CLAIM FOR DIRECT SETTLEMENT BY THIS OFFICE. 31 U.S.C. 71. ALSO, YOUR LETTER REQUESTS DECISION WITH RESPECT TO YOUR RIGHT TO CERTIFY FOR PAYMENT A VOUCHER THEREWITH TRANSMITTED IN FAVOR OF MR. ALBERT K. SHOWALTER FOR $147.95, AS REIMBURSEMENT UPON A COMMUTED RATE UNDER SCHEDULE A, EXECUTIVE ORDER 9805, FOR THE TRANSPORTATION OF HIS HOUSEHOLD EFFECTS FROM 432 EAST ORANGE GROVE, BURBANK, CALIFORNIA, TO 6721 WEST 86TH PLACE, LOS ANGELES, CALIFORNIA, INCLUDING, ALSO, TRANSPORTATION EXPENSES OF THE EMPLOYEE AND HIS DEPENDENTS, AS UPON TRANSFER OF OFFICIAL STATION, FROM LOCKHEED AIR TERMINAL, BURBANK AIRPORT, TO LOS ANGELES MUNICIPAL AIRPORT, INGLEWOOD, CALIFORNIA. YOUR DOUBT IN THE MATTER APPEARS TO ARISE FROM THE FACT THAT BURBANK, LOS ANGELES, AND INGLEWOOD ARE ALL WITHIN THE SAME GENERAL METROPOLITAN AREA AND FOR THAT REASON YOU APPEAR TO BE OF THE VIEW THAT THE DECISION OF JUNE 26, 1947, TO YOU, IN MR. GWYTHER'S CASE, HAS SOME BEARING UPON THE PRESENT CASE.

THE DECISION OF JUNE 26, 1947, INVOLVED A CLAIM FOR REIMBURSEMENT FOR TRANSPORTATION OF EFFECTS FROM A PLACE OF STORAGE IN SAN FRANCISCO TO THE CLAIMANT'S PLACE OF RESIDENCE AT RICHMOND, CALIFORNIA, IN CONNECTION WITH HIS TRANSFER OF OFFICIAL STATION FROM OAKLAND, CALIFORNIA, TO SAN FRANCISCO. UPON THAT STATE OF FACTS IT WAS STATED IN SAID DECISION:

IT APPEARS FROM YOUR SUBMISSION THAT MR. GWYTHER EXPECTS TO COMMUTE BETWEEN RICHMOND AND SAN FRANCISCO, CALIFORNIA, AND ACCORDING TO THE RAND- MCNALLY ATLAS THE TWO CITIES LIE WITHIN THE SAME METROPOLITAN DISTRICT. IT HAS BEEN THE ESTABLISHED RULE FOR YEARS THAT THE MOVEMENT OF HOUSEHOLD EFFECTS FROM ONE PLACE TO ANOTHER WITHIN THE SAME CITY, INCLUDING MOVEMENT FROM STORAGE TO PLACE OF RESIDENCE, DOES NOT CONSTITUTE THE SHIPMENT OF HOUSEHOLD EFFECTS SUCH AS CONTEMPLATED BY LAW AND REGULATIONS BUT IS A PERSONAL EXPENSE NOT PAYABLE FROM APPROPRIATED FUNDS. 9 COMP. GEN. 377; 13 ID. 210; B-42432, JUNE 26, 1944; B-43887, SEPTEMBER 21, 1944; AND B- 49161, AUGUST 21, 1945.

ACCORDINGLY, AS MR. GWYTHER'S HOUSEHOLD EFFECTS ALREADY WERE LOCATED IN SAN FRANCISCO WHEN HIS OFFICIAL STATION WAS CHANGED TO THAT CITY DECEMBER 3, 1946, NO SHIPMENT OF HIS HOUSEHOLD EFFECTS WAS INVOLVED WITHIN CONTEMPLATION OF THE REGULATIONS, AND ANY EXPENSE OF MOVING SUCH EFFECTS FROM STORAGE AT ONE POINT, TO HIS RESIDENCE WITHIN THE LIMITS OF HIS OFFICIAL STATION AS DEFINED IN THE ABOVE-QUOTED REGULATIONS CONSTITUTES A PERSONAL EXPENSE, NO PART OF WHICH MAY BE PAID FROM APPROPRIATED FUNDS.

THE STATEMENT IN THE ABOVE DECISION THAT RICHMOND AND SAN FRANCISCO WERE WITHIN THE SAME METROPOLITAN DISTRICT WAS MADE MERELY TO INDICATE THE PROXIMITY OF THE TWO CITIES AND WAS NOT THE CONTROLLING FEATURE IN THAT DECISION. ANY TRANSPORTATION TO RICHMOND COULD HAVE BEEN AUTHORIZED ONLY AS INCIDENT TO THE ESTABLISHMENT OF THE CLAIMANT'S HEADQUARTERS AT SAN FRANCISCO AND DUE TO THE PROVISION IN SECTION 8 OF EXECUTIVE ORDER 9805 THAT "FOR THE PURPOSE OF THIS REGULATION THE TERM "OFFICIAL STATION" SHALL BE CONSTRUED TO INCLUDE ANY POINT FROM WHICH THE EMPLOYEE COMMUTES DAILY TO HIS OFFICIAL POST OF DUTY.' AS THAT EMPLOYEE EVIDENTLY EXPECTED TO COMMUTE BETWEEN RICHMOND AND SAN FRANCISCO, IT FOLLOWED THAT THE PLACE OF STORAGE AND RICHMOND WERE BOTH WITHIN THE LIMITS OF HIS OFFICIAL STATION. B-47259, FEBRUARY 6, 1945.

HOWEVER, IN THE CASE OF MR. SHOWALTER, BURBANK AND INGLEWOOD ARE SEPARATE CORPORATE MUNICIPALITIES AND THE TRANSPORTATION OF THE HOUSEHOLD GOODS WAS EFFECTED UPON THE BASIS OF AN AUTHORIZED TRANSFER OF OFFICIAL STATION. THE FACT THAT THESE TWO MUNICIPALITIES ARE LOCATED WITHIN THE SAME GENERAL METROPOLITAN AREA WOULD NOT BE MATERIAL. CF. B-9913, MAY 29, 1940. THE CIRCUMSTANCES, REIMBURSEMENT FOR TRANSPORTATION OF THE EMPLOYEE'S HOUSEHOLD EFFECTS AND FAMILY APPEAR TO BE AUTHORIZED IN ACCORDANCE WITH EXECUTIVE ORDER 9805.

THE VOUCHER IN FAVOR OF ALBERT K. SHOWALTER, WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT, IF OTHERWISE CORRECT.